UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN. v. Civil Action No. 2:16-cv-789 COMPLAINT

Similar documents
Case 3:16-cv MEJ Document 1 Filed 06/16/16 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) )

Plaintiff Privacy Pop, LLC ( Plaintiff ) complains and alleges as follows against Defendant Gimme Gimme, LLC ( Defendant ).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. Civil Action No: HON. COMPLAINT FOR PATENT INFRINGEMENT

Case 1:08-cv Document 1 Filed 10/13/2008 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN. v. Case No. 3:12-cv-686

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION. Defendants. COMPLAINT FOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION

COMPLAINT FOR PATENT INFRINGEMENT. 1. This is an action for direct patent infringement of United States Letters Patent Nos.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 1:11-cv REB Document 1 Filed 12/15/11 Page 1 of 5

Case 1:16-cv UNA Document 1 Filed 04/19/16 Page 1 of 6 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Civil Action No. COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

Complaint for Patent Infringement

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No: 5:11-cv ) ) ) ) ) ) ) ) ) )

Case 1:14-cv Document 1 Filed 02/18/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case: 1:12-cv Document #: 1 Filed: 10/02/12 Page 1 of 5 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR PATENT INFRINGEMENT

Case 2:06-cv SD Document 1-1 Filed 01/10/2006 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Plaintiff, Civil Action No.

Case 6:15-cv Document 1 Filed 04/06/15 Page 1 of 5 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION

PLAINTIFF S ORIGINAL COMPLAINT. Plaintiff Newthink, LLC ( Plaintiff ), by and through its undersigned counsel, files this

Courthouse News Service

Case 1:15-cv Document 1 Filed 02/27/15 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. COMPLAINT and Jury Demand

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE. Plaintiff, C.A. No. COMPLAINT FOR PATENT INFRINGEMENT THE PARTIES

Case 1:10-cv Document 1 Filed 06/22/10 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE. Plaintiff, Civil Action No. COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) Plaintiff,

case 3:14-cv TLS-CAN document 1 filed 03/21/14 page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA

Case 1:18-cv Document 1 Filed 11/30/18 Page 1 of 7 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA. Plaintiff, for its complaint, by and through its attorney, alleges that:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No: 5:15-cv-590 ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA

Case 1:16-cv Document 1 Filed 03/04/16 Page 1 of 6 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case: 1:12-cv Document #: 1 Filed: 05/03/12 Page 1 of 7 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA ) ) ) ) ) ) ) ) ) ) ) ) )

Case 2:16-cv Document 1 Filed 04/25/16 Page 1 of 6 PageID #: 1

Case 2:09-cv CE Document 1 Filed 12/22/09 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Case 2:13-cv RAJ Document 1 Filed 08/30/10 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Case 2:10-cv GW-PLA Document 89 Filed 05/12/11 Page 1 of 7 Page ID #:455

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, Defendants. COMPLAINT FOR PATENT INFRINGEMENT

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ORIGINAL COMPLAINT

Case 1:16-cv UNA Document 1 Filed 03/31/16 Page 1 of 5 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 1:11-cv LPS Document 14 Filed 01/30/12 Page 1 of 7 PageID #: 59 UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

Case 2:14-cv JRG-RSP Document 9 Filed 08/08/14 Page 1 of 5 PageID #: 227

Case 2:18-cv Document 1 Filed 05/09/18 Page 1 of 11 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION

Case 1:99-mc Document 417 Filed 05/23/12 Page 1 of 10 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 2:16-cv JRG-RSP Document 123 Filed 03/09/17 Page 1 of 8 PageID #: 842

Case 1:15-cv UNA Document 1 Filed 12/21/15 Page 1 of 13 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 1:15-cv RGA Document 48 Filed 09/06/16 Page 1 of 14 PageID #: 486 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 2:14-cv JDL Document 1 Filed 08/13/14 Page 1 of 6 PageID #: 1 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) ) ) ) ) ) Civil Action No.

Case 2:16-cv RJS Document 2 Filed 09/29/16 Page 1 of 15

Case 1:07-cv MRB Document 6 Filed 11/06/2007 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Case 1:14-cv REB Document 1 Filed 08/05/14 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

Case 3:17-cv AJB-KSC Document 1 Filed 05/23/17 PageID.1 Page 1 of 8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MILWAUKEE DIVISION COMPLAINT FOR PATENT INFRINGEMENT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION COMPLAINT FOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN GREEN BAY DIVISION COMPLAINT FOR PATENT INFRINGEMENT

Case 2:14-cv Document 1 Filed 10/10/14 Page 1 of 6 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

Case 2:16-cv RWS Document 1 Filed 10/14/16 Page 1 of 6 PageID #: 1

Case 1:14-cv JEI-KMW Document 1 Filed 09/23/14 Page 1 of 6 PageID: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

Case 2:16-cv Document 1 Filed 12/05/16 Page 1 of 5 PageID #: 1

Case 1:17-cv UNA Document 1 Filed 09/15/17 Page 1 of 10 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MILWAUKEE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PLAINTIFF S ORIGINAL COMPLAINT

Case 6:18-cv Document 1 Filed 01/31/18 Page 1 of 9 PageID #: 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT FOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Case 2:11-cv RAJ -FBS Document 1 Filed 04/05/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

Case 1:17-cv UNA Document 1 Filed 07/26/17 Page 1 of 5 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE COMPLAINT

Case: 5:09-cv DDD Doc #: 1 Filed: 06/04/09 1 of 5. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 1:17-cv Doc #: 1 Filed: 11/15/17 1 of 12. PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION. Plaintiff, Civil Action No.

Case 2:18-cv JRG Document 1 Filed 05/09/18 Page 1 of 12 PageID #: 1

Case: 1:16-cv Document #: 1 Filed: 02/12/16 Page 1 of 16 PageID #:1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Civil Action No. COMPLAINT

Case 1:14-cv JMS-MJD Document 1 Filed 01/09/14 Page 1 of 8 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:18-cv YK Document 1 Filed 06/07/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Case 2:13-cv JRG-RSP Document 1 Filed 12/10/13 Page 1 of 6 PageID #: 1

Case 1:10-cv CMH -TRJ Document 1 Filed 09/08/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

Case 2:16-cv Document 1 Filed 08/16/16 Page 1 of 5 PageID: 1 IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Transcription:

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN BADGER METER, INC. Plaintiff, v. Civil Action No. 2:16-cv-789 SENSUS USA INC. Defendant. COMPLAINT Plaintiff, Badger Meter, Inc., for its complaint against defendant, Sensus USA Inc. alleges the following: I. Nature of Action 1. This is a civil action for patent infringement under The Patent Act, 35 U.S.C. 1 et seq. of plaintiff s U.S. Patent No. 8,539,827 entitled Water Meter with Integral Flow Restriction Valve. II. Jurisdiction and Venue 2. The district court has original jurisdiction over this action pursuant to 28 U.S.C. 1331 (federal question) and 1338(a) (action arising under any Act of Congress relating to patents and copyrights). 3. Defendant, upon information and belief, regularly conducts business in this district, has one or more dealers or other agents located in this district and actively markets, sells and has offered to sell goods and product in this district, including but not limited to products {00972977.DOCX / } 1 Case 2:16-cv-00789-RTR Filed 06/23/16 Page 1 of 5 Document 1

that infringe the plaintiff s patent. Accordingly, venue in this district as to defendant is proper under 28 U.S.C. 1391(b) and (c) and/or 28 U.S.C. 1400(b). III. Parties 4. Plaintiff Badger Meter, Inc. ( Badger Meter ) is a Wisconsin corporation with its principal place of business at 4545 West Brown Deer Road, Milwaukee, Wisconsin 53223. Plaintiff is engaged in, among other things, the business of manufacturing and selling water meters, meter reading and analytics technologies for municipal water utilities as well as other flow measurement and fluid control products for use in a wide range of industries. 5. Defendant Sensus USA Inc. ( Sensus ) is a Delaware corporation with its principal place of business at 8601 Six Forks Road, Raleigh, North Carolina 27615; its registered agent is The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. IV. Background Facts 6. Badger Meter is a leading manufacturer of water meters, meter reading and analytics technologies for municipal water utilities. Badger Meter s business includes, among other things, manufacturing, selling and distributing water meters to municipal water utilities. 7. Badger Meter has developed a new water meter with integral flow restriction valve which has an electrically operable flow control valve for restricting the flow of water through the valve. 8. Unites States Patent No. 8,539,827 ( the 827 patent ) entitled Water Meter with Integral Flow Restriction Valve was duly and legally issued to Badger Meter by the United States Patent and Trademark Office on about September 24, 2013. A true and correct copy of the 827 patent is attached as Exhibit A. {00972977.DOCX / } 2 Case 2:16-cv-00789-RTR Filed 06/23/16 Page 2 of 5 Document 1

9. Defendant Sensus manufactures, offers to sell and sells water meters and meter reading products in competition with Badger Meter. 10. Defendant Sensus has, on information and belief, recently introduced a new water meter called the Ally. 11. On information and belief, the Ally water meter has an integral flow restriction valve comprised of an electrically operable flow control valve for restricting the flow of water through the valve. {00972977.DOCX / } 3 Count I: Infringement of U.S. Patent No. 8,539,827 12. Plaintiff Badger Meter restates and incorporates by reference the allegations in paragraphs 1 through 11 above. 13. Defendant Sensus manufactures, offers to sell and sells water meters that infringe at least claim 1 of the 827 patent in violation of 35 U.S.C. 271(a) and (c). 14. Upon information and belief, Sensus has had both constructive and actual notice of the 827 patent. patent. 15. Upon information and belief, Sensus has been and is willfully infringing the 827 16. Upon further information and belief, Sensus will continue to infringe the 827 patent unless and until it is enjoined by a court. 17. Sensus s infringement has caused and continues to cause irreparable harm to Badger Meter, including, but not limited to, infringing upon Badger Meter s rights in and to the 827 patent. patent. 18. Plaintiff Badger Meter has been damaged by Sensus s infringement of the 827 Case 2:16-cv-00789-RTR Filed 06/23/16 Page 3 of 5 Document 1

19. Sensus s conduct shows a lack of the required duty of care to avoid infringement, such that this is an exceptional case; therefore, Badger Meter should be awarded its reasonable attorneys fees pursuant to 35 U.S.C. 285. 20. Pursuant to 35 U.S.C. 284, Badger Meter is entitled to enhanced damages for infringement, up to treble damages. 21. Pursuant to 35 U.S.C. 283, Badger Meter is entitled to a preliminary and a permanent injunction against further infringement. WHEREFORE, plaintiff, Badger Meter, Inc., demands judgment against defendant Sensus USA Inc. for the following: defendant. A. An award of plaintiff s damages. B. An award trebling or enhancing the damage found due to defendant s willful infringement. C. That the defendant be preliminarily and permanently enjoined from manufacturing or selling any further weapons cabinets that embody or is based on plaintiff s patented weapons cabinet or otherwise infringes the plaintiff s patent. D. That the defendant be ordered to turn over to plaintiff or alternatively to destroy any infringing weapons cabinets. E. An award of plaintiff s costs, including attorney s fees. F. Any other relief that the court may deem proper and just. JURY DEMAND Plaintiff Badger Meter, Inc. demands a jury trial for all factual issues not admitted by the {00972977.DOCX / } 4 Case 2:16-cv-00789-RTR Filed 06/23/16 Page 4 of 5 Document 1

Respectfully submitted, Dated: June 23, 2016 s/michael T. Griggs Michael T. Griggs Attorneys for Plaintiff Badger Meter, Inc. James F. Boyle WI Bar No. 1019165 Michael T. Griggs WI Bar No. 1046124 Boyle Fredrickson, SC 840 N. Plankinton Ave. Milwaukee, WI 53203 414-225-9755 jfb@boylefred.com mtg@boylefred.com docketing@boylefred.com {00972977.DOCX / } 5 Case 2:16-cv-00789-RTR Filed 06/23/16 Page 5 of 5 Document 1